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HomeMy WebLinkAbout03-3465 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - 'fHE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 4540 I -1820 OF Cumberland COUNTY Plaintiff CIVIL ACTION - LAW VS. BARBARAJ. VIA Mortgagor(s) and Real Owner(s) ACTION OF MORTGAGE FORECLOSURE 841 Charlotte Way Enola, PAl 7025 Term No. Defendant(s} 03 - Jq,S C,;.,d.. J-€A.n1 CIVIL ACTION' MORTI ., . \ FORECLOSURE ,,,,.p'.;oL TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the Court without further notice for any money claim in the Complaint offor any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. VOU SHOULD TAKE TInS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIa QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIa QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRIT A, EL PUNTO DE VISTA DE USTED Y CUALQillER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGillR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSffiLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORT ANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff is NATIONAL CITY MORTGAGE COMPANY, PO Box 1820, Dayton, OH 45401-1820. 2. The name(s) and address(es) of the Defendant(s) is/are BARBARA J. VIA, 841 Charlotte Way, Enola, PA 17025, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On June 15, 1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, which mortgage is recorded in the Office of the Recorder of Deeds ofCumberIand County as Book 1550 Page 869. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: NATIONAL CITY MORTGAGE COMPANY by Assignment of Mortgage dated June 17,1999 as Book 616 Page 504; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due February 01, 2003, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 01/01/2003 through 07/31/2003 at 7.3750% Per Diem interest rate at $ I 3. I I Attorney's Fee at 5.0% of Principal Balance Late Charges from 02/01/2003 to 07/31/2003 Monthly late charge amount at $22.30 Costs of suit and Title Search $63,977.83 $2,739.03 $3,198.89 $133.80 Escrow Balance Pro Rata MIP Other Fees Monthly Escrow amount $98.53 $900.00 $70,949.55 -$118.36 +$53.07 +$II8.90 $71,003.16 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. The within mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $71 ,003.16, together with interest at the rate. of$13.11, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By ~d~QJjj/!:~VER Y: JOSEPH A. GoLDBECK, JR., ESQUIRE ORNEY FOR PLAINTIFF VERIFICATION I, , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 1- (b --o~ 25(4- ... rf\. ~ NATIONALCITYMORTGA ECOMPANY Laura Cauper Authoriz S~gner .. . ,. ~J.IIUII-!.Jn"t-cc" .Ce. ..... .e' - ~!~T"CO""I_nt COMM:AiENT FOR TITLE INSAANCE I ; 5.:' yo I t i ~ '0 F r j I , I f ,k if; " ~' ~' 1: , I i , t ~: , , - "'~;'. SCHEDULE A CONTINUED Commitment No. 14362 , Legal Description ALL THAT CBRTAIN unit in the property known, nemad and identified in the Declaration Plan, referred to below as Westwood village Condominium located in Bast penneboro Township, Cumberland county, commonwealth of Pennsylvania, which has heretofore been subllli.tud to the provisions of the unit property Act of pennsylvania, Act of July 3, 1963, P.L. 196, by the "ecording in the offic::e of the Rec::order of Deeds of cumberland Acounty, Pennsylvania, of a Dec::laration creating and BstabUshing westwood Village condominium dated January 29, 1975, and rec::orded on January 29, 1975, in Misc. Book 213, Page 283, and emanded by a c::ertain pirst Amendment to Dec::leration creating and Bstablishing Westwood Village condominium dated May 28, 1976, and rec::orded on June 22, 1976, in' Misc. Book 222, page 729, and a certain second Agreement to Declaration Creating and Bstablishing Westwood Village Condominium dated July 21, 1576, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Bstablishing Westwood Village Condominium dated June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, page 225, and a c::ertain Fourth Amendment to Declaration creating and astablishing westwood Village Condominium dated June 13, 1978, and recorded on June 13, 1978, and rec::orded on June 23, 1978, in Misc. Book 236, page 250, and a certain Pifth Amendment to Decleration creating and Bstabliehing westwood Village condOlltinium dated January 9, 1979 and recora..d on January 23, 1979, in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and Bstablishing Westwood village condominium dated March 1, 1979, and recorded March 12, 1979 in Misc. Book 241, page 836, and a c::ertain Seventh Amendment to Declaration creating and Establishing westwood Village condominium dated ~ovember 8, 1979, and recorded November 27, 1979, in Misc. Book 249, Page 323, and a certain Eight Amendment to Declaration creating and ZstabliFhing westwood Village Condominium dated september 14, 1982, and rec::orded December :4, 1982, in Misc. Book 282, page 323, and a certain Ninth Amendment to Declaration Creating and EstabliShing Westwood Village to Declaration creating and Establishing westwood village condOlltinium dated November 28, 1986, and recorded May 12, 1987, in Misc. Book 333, Page 769, and a c::ertain Tenth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 27, 1987, and recorded January 28, 1987, in Misc. Book 329, Page 561, and a code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on january 29, 1975 in Msic. Book 213, page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village condOlltinium dated May 28, 1976, and rec::orded on June 22, 1976, in Misc. Book 222, page 737, and Oeclaration plan of Westwood Vilalge condominium dated January 29, 1975, and recorded on January 29, 1975, in Plan Book 26, page 15, and amended by a certain First Amendment to Declaration Plan of westwood Village Condominium dated July 21, 1976, and recorded on july 26, 1976, in plan Book 28, page 72, and amended by a c6rtain second Amendment to Declaration Plan of westwood Village Condominium dated Juen 16, 1978, and recorded on June 23, 1978 in Plan Book 33, page 28, and amended by a certain Third Amendment to Declaration Plan of westwood Village Condominium dated January 9, 1979, and r.corded January 23, 1979, in plan Book 34, Pag@ 100, and amended by a certain Fourth Amendment to Declaration plan of Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in plan Book 35, page 3, and amended by a certain See attached continuation of Legal Description 'I'M.. ~t.ent b J.rwalid unl... the ineudng prcwbion. and Ichedul.. A and . ar. attached TIIB GUA1IAIITI:B TITLE AND TRUST COMPANY ~(J-lQ. Fl'i~ ~ ..... frt o :i ()I ~ ~~p:! ~ c') ;~.,'. -- . , ,"-. g SHERIFF'S RETURN - REGULAR CASE NO: 2003-03465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS VIA BARBARA J RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VIA BARBARA J the DEFENDANT , at 1832:00 HOURS, on the 6th day of August , 2003 at 841 CHARLOTTE WAY ENOLA, PA 17025 by handing to BARBARA VIA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10.00 .00 38.35 .r~~ R. Thomas Kline 08/07/2003 GOLDBECK MCCAFF CKEEVER Sworn and Subscribed to before By: me this .rf'!:! day of Clz"....)-,;JtJU3 A. D . ~.Ul-<-O~~ ~' rilrothonotary . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph ft.... Goldbeck, Jr. Attorney I.D. #16132 Suite 50Q- The Bourse Bldg. I I 1 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. BARBARA 1. VIA (Mortgagor(s) and Record owner(s)) 841 Charlotte Way Enola, P A 17025 CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 03-3465 ORDER FOR JUDGMENT Please enter Judgment in favor of NATIONAL CITY MORTGAGE COMPANY, and against BARBARA J. VIA for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date Ofs~ofthe Complaint, in the sum of$7l,808.55. 'o"""A ~..r Attorney \01 . la-ntiff I hereby certify that the above names are correct and that th\p;e~se residence address of the judgment creditor is NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 4540 I - I 820 and that the name(s) and last known address(es) of the Defendant(s) is/are BARBARA J. VIA, 841 Charlotte Way Enola, PA 17025; ~ GOLDBEC~ BY: Joseph .t G Attorney for '\ 'ain FERTY & McKEEVER b ck, Jr. ff ASSESSMENT OF DAMAGES TO THE PROUIONOTARY: F)ndly assess the damages in this case to be as follows: Principal Balance $63,977.83 Interest from 0110112003 through 09/12/2003 $3,302.76 Attorney's Fee at 5.0000% of principal balance $3,198.89 Late Charges $178.40 Costs of Suit and Title Search $900.00 Escrow Balance Pro Rata PMI Other Fees Escrow Balance Deficit $-118.36 $53.07 $118.90 $197.06 $71,808.55 FERTY & McKEEVER ck, Jr. AND NOW, this II,.,JJ-... day of S'>~ ,2003 damages are assessed as above. >ro~ ~- ~ VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, BARBARA J. VIA, is about unknown years of age, that Defendant's last known residence is 841 Charlotte Way, Enola, PA 17025, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Gr \' Date: In the Court of Common Pleas of Cumberland County NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, O~ 45401-1820 Plaintiff vs. BARBARA J. VIA (Mortgagor(s) and Record Owner(s)) 841 Charlotte Way Enola, P A 17025 No. 03-3465 Defendant( s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against BARBARA J. VIA by default for want of an Answer. Assess damages as follows: $71,808.55 Debt Interest - 01/01/2003 to 09/12/2003 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or de '",ered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred "It trast days prior to the date of the filing of this praecipe. A copy ofthe notice is attached. R.C.P. 237.1 Joseph . Attorney 0 J.D. #1612 AND NOW 0" 0+ I L.. ,:'JIV.>-3. , Jud ent is entered in favor of NATIONAL CITY MORTGAGE COMPANY and against BARBARA J. VIA by default for want of an Answer and damages assessed in the sum of $71,808.55 as per the above certification. ~ prC~~'~ ~ . ~ THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 27, 2003 TO: BARBARA J. VIA 841 Charlotte Way EODla, P A 17025 NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 In the Court of Common Pleas of Cumberland County Plaintiff CIVIL ACTION - LAW VS. BARBARA J. VIA (Mortgagor(s) and Record Owner(s)) 84 I Charlotte Way Enola, P A 17025 Action of Mortgage Foreclosure Term No. 03-3465 Defendant(s) TO: BARBARA J. VIA 841 Charlotte Way Eoola, P A 17025 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIITEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING wrrn TIIE COURT YOUR DEFENSES OR OBJECTIONS TO TIIE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT W1THlN TEN (10) DAYS FROM TIIE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU wrrnOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 7I7-2A3-9400 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 ~;;ltJi~gL- Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 Plaintiff No. 03-3465 vs. BARBARA J. VIA (Mortgagors and Record Owner(s)) 841 Charlotte Way Enola, PA 17025 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By:--. ~f2-,.lJjP.71z~ Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 f:- "v ~ ~ ~ it 'i 8 ~~~:U ~ ~ ~ p: c-' l f ~ ~ '.~ . '- , c ... f 'j\ _ ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Mtomey I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, P A 19106 215-627-1322 Attomey for Plaintiff NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OR 45401-1820 IN THE COURT OF COMMON PLEAS Plaintiff vs. of Cumberland County BARBARA J. VIA Mortgagor(s) and Record Owner(s) 841 Charlotte Way EnDla, PA 17025 CIVIL ACfION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 03-3465 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $71,808.55 Interest from 01/01/2003 to 09/12/2003 at 7.3750% (Costs to be added) GOLDBECK M BY: JosephA. 30Jd Attorney for PI~' . \ TY & McKEEVER ck, Jr. rJ:J -< .. ~ z vJ ~o e"!U "Mro., f-<OO Of-< Z~ o U ~ i5 ~ ~ U ~ g ~ ~ o ...l -< ~ i=: ~ .; > ~ ~ ~ '1:;' ~ ;::;0 ~.,., >1:!~8 o r- ~g~...... :S~o-< :;:""'ta"- ~!O-i ~ - = '1:;'....~ CQOoo ~ ~ o ::E ~ ~ ~ U~ s:J : .. i;l ro.,..2 o ij f-< is ~ro., ~ .. =:.. ~~ ..e "- .... U ~ \1') '.-.- ~ c-:; ~ ~ - - - ' , ~i ~ - ~ - - C " v; ~\::J I () I ~ \) ~ 0 ~ 0 "'l . , yj e.: ~O" ry ~ M - - I Vj C") o C"t J';- ~:f e () o --~ -0,. ~:t: ~'El " " ~:i: '0 ~ "... .>, -< e l~ o ..... ... " > - " . ~ " bll" ~:E~", Col~;:;~ ~~::S~N olI ~ "-< ~ ;,-:,ol$l:l-.-;' 1: ~ 0 "r:--- ~]]:E~ = ~ .... Q. I U I 5"-0 ~ i8]"iN .."" .}I ColBCf.l~ Q,l 'S ...... :goo::: '0 (.:I 1 A -I- .~ J { ~ ~ ~ ~ ~ ~ - .......J ~~~ ALL THAT CERTAIN 1I1Ut in the property bowa, na8\td ud ideAtiCied in tile Declal'lltion Plan, reC'erl'1lCl to beIQw .. WestwQod ViDap Coaadomiahlm 1oea\ec1 in &" Penasboro Township, ('.0'''',,",1-,(1 Colmty, Commonwulib or POllJllylY8nill. wbk:h has hsratoCDlll been $lwmlUed to the pnwilliona or tile Ullit Property Act oC Pennaylvallia. hi: oI .July 3. 1983. P.L. 196, b, the -rdiD&: ill the omce or Ihe Recorder or Deec1a DC CUlDberlaad Cuunty, or . Deehlratlon Creatine and Establishing Westwood ViUoce OoadomlDlllDl dated Jalluary 29, 1975. uel reeorded 011 January 29. 19715. in Miee. &ok 218, JlIIce 28a, and a_cJed by ..cuta.iD First Amelldment to Declaration Creatinl aDd Eetabllabinc Wit.c;roocl Villap CCl1Idominlum daLed May 28, 19'10, and J8conhd OIl .lulle 22, 1970, in Miac. Book 222, va~ 729. alld a cert;11in Seco"d Alrseement to Dedllrat10n CraatlaC aud EstabliahinC Westwood Vw.ag. OondOllll.D1l11D daled July ZI, 1976, allll reco.-ded on JII17 20, 1976. in MIse. Book 223, Pace. 3-f3. llDCl a c:ortabl 'J'hkoI Amendment to Deelamtlon Cmatilll aAd EstablilllaillC Westw.d ViDap CcmdolllinllUll cJa.led June 9, 1978. and ncon1ed on J1l1I8 28, t078, in Kil;o. Baok 236. PaCO 226, and a certllin FOU11.h luneAdJneot to Dedaratlu enatine ucI Ewt8b1\eJ.;.." Weatwood Wlaco \ COllwulllnium elated J-une 13. 1978, and receded 011 Juae 23, 191B. in IdJse. Book 236, Pet:" 200. and ceriala JI'iIlh ^-clm8nL to Dec:laratl6a ereatblC alld Establiahlnt' Westwood Vlllace OoadoalJlillJll 4atetl ;,JllDuary 9. 1979, and recorded Cllt January 23. ~1l19, ia MIse. Il90k 240. p... 8IW. and . ~ll SbdJl A.lrlcDclm.at 10 Deel4ratIA Oz.at1Dc aM. l'""'Y ""'I OW... ...ol ."... CoG.o;-o'.' ~ ~tetI M,rcb. 1, 19'791ond _rded MarcR It, 1m. III Mlec. Book 241, 1'a.. 8M, alld a cortoill Seventh Amcndmont to Ded&natiaIl Creatiasc .... ....b_bme W..--.I VI1Iace Condoalinium datocl November 8, ms, ucl,.~ NeYtllIlber 21, 1,9'19. In Mile.. Book 249. Pace 323. aDC!. a eertain B.illitla ~_Ilt to Dee1aratIon Creating and Establlelunf Westwood Villap CcmcIomialum elated September 14, 1982. ancl ~raecl DeCll1l1ber 14, 1.982, in Miac. Book 2ll'2, Pap 323. and a eertain NinO. Amendment to 09c1araUoa CnatinJ aDd EetabJl$hinlf We5twood V'1lJ8P Condominium elated NOYeJl1bu 28. 1986. and a.corded Mv 12, 1981, in Mlsc.. Book 333, Page 761/. and a certain ToIl1tb Amend_t to DedaratiC!n Cl'lHltmc and Eatnblillbinl WeGLwootI V1IJap Oond_inllUll dated Janllary 27, 1991. and recorded Jnnllary 28, 1987. in Miac:. Book 329, pep 5131, and .' Code oI neluJatlollll or \Veetwood Vi11ap Conclomillium dateiS .10_17 29. 1975, aod recorded on Jaauary 29. 1975 in Ni8c. .Book 213. P. 328. ..cl a_nded by . certloin Pint Am~nt to Cod. of Regulations or WestwwcJ VUlap CcmdomiaiUlll cla~d May 28. 19711. Illld recorded on JIUlO Z2. 1976, in Mlac. Book 222. Pace 737. and Declaxatlotl Plall or W.ctwooc1Vil1age CoadomlDlu\l1 dated .lac1l817 29. 1075, an" nconJed 11ft Jan\lat1 29,1975. in Plan Boolt2G. Pace 16. a.d _ntW by. cen.in F"uat AnteJtcboeat to Dedaratlcm. Plan oI Westwood Vlllap ConcIomilliulll dated J~ 21, 1970, and recorded on July 26. 1916. In Piau Book 28. pap 12, 8Dd .1D~ed "" a certain Socond Autonclment to Dedaratioll Plan or Weetwood ViUaca CJlmdop\lnIulQ dated June IG. 1978, and rec:om.d 01\ JUlia 23, 1978. in PIIIll Book 33. Pap 28. tad amended by . certein Tblnl AmendJllent. to DeclaratioJl Pin of Wes~ VlUap OoadominiuDl datd January 9, 1979. aDd ncot'ded .Jall1tlll1 28. 1979, ilL PIlla Book 34, Pop 100. and amended by a certain Fouilb AmellCllllent to Dedanltioa Plan ot Weetwood Villace Col1llominluDl dated Mareh 1, 1979, and 1'eCOrded Matclt 12, 1979. in Plan Book 35, Pap 3, and allll'acIed by a certain Fifth ^-ad.eat to Declaratioa Pialll olWestwoocl Vdlap Condominium datec1 N0gelllber 8. 1979. tnd n:ccmled Novomber %1.1,979. in llan Book 3'1, PaC" 7, ani a_ded by a cerlnill Sixth Amelmm9llFtO-DecJanatioa Flail or Weatwood Ynlace Conllotnilll"ta clIlted January 26, 1987. and recorded Jaa1lll1'123. 1987. in Plan Boot 62, Pap 4t.hing designated OIl aaid Decbratioa Ploa orW..twood Vinap Ooadollllllillll\ III ''''it No. Ui9.nn (jlrl'Dne_ly set rortb'on t1wt Ten~m~ndmc,pt U U~ No.. ~.T'JRl. BulWbar It (ablo tl'telftd tA nn the Tend- ~.....nt ... 9u""lnr"14\ bl')"\r No.4, "a_n ... 110I1 Cbto~ W.'Y. It....... Rut p...,nahlllO .........-Mp. Oll....."'''..,," County_ p.."IU\YI..."Ia. .. 1ll0fS tal,. .4~ in neb' Daduatloll P1aa and DocIIln&t& Cnaatiag alld EstabJlablDC W..twood 'VDIap COIlfIoItliaiua, .. tho sn_ eppoon ot,..cont ....t Cortll..,., IncI..JlnR a~ _"""_ate tbclftlo. Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500"- The Bourse Bldg. I I I.S. Independence Mall East Philadelphia, PAl 9 I 06 2 I 5-627 - 1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. BARBARAJ. VIA (Mortgagor(s) and Record Owner(s}) 841 Charlotte Way Enola, P A 17025 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant( s} No. 03-3465 AFFIDAVIT PURSUANT TO RULE 3129 NATIONAL CITY MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 84 I Charlotte Way Enola, P A 17025 I.Name and address of Owner(s) or Reputed Owner(s): BARBARA J. VIA 841 Charlotte Way Enola, P A 17025 2. Name and address ofDefendant(s) in the judgment: BARBARAJ. VIA 841 Charlotte Way Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may he af~ected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. ., 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 841 Charlotte Way Enola, P A 17025 WESTWOOD VILLAGE CONDOMINIUM I LAKE DR LAKE HARMONY, PA 18624 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.s. Section 4904 relating to unsworn falsification to authorities. C GOLDlklL .' _ 'PhRTY & McKEEVER BY: JDscph~. G( I eck, Jr., Esq. Attorne) (,>r Plair'r DATED: September 12,2003 03-3465 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW BARBARAJ. VIA Mortgagor(s} and Record Owner(s} ACTION OF MORTGAGE FORECLOSURE 841 Charlotte Way Enola, PAl 7025 Term No. 03-3465 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: VIA, BARBARA J. BARBARA .I. VIA 841 Charlotte Way Enola, P A 17025 Your house at 841 Charlotte Way, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $71,808.55 obtained by NATIONAL CITY MORTGAGE COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I. The sale will be cancelled if you pay to NATIONAL CITY MORTGAGE COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 2. You may be able to slop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 03-3465 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff 0017-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff 0017-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY, NO 03-3465 Civil CIVIL ACTION -LAW Plaintiff (s) From BARBARA J. VIA (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property Dfthe defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) Or otherwise disposing thereof; (3) Ifproperty ofthe defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,808.55 Interest FROM 1/1/03 TO 9/12/03 AT 7.3750% Ally's Comrn % Ally Paid $120.35 Plaintiff Paid Date: SEPTEMBER 16, 2003 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) prothonota;J:;. n '7r1 .By: -4"A a.... 6 - t:". , '{'O'l/VY ~ Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 National City Mortgage Company VS Barbara 1. Via In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3465 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck. Sheriff s Costs: Docketing Poundage Advertising Posting HandbiUs Levy Surcharge Service Law Journal Patriot News Law Library Prothonotary Share of Bills 30.00 27.88 15.00 15.00 15.00 20.00 20.70 707.15 540.19 .50 1.00 29.32 $1421.74 paid by attorney 03/01104 Sworn and subscribed to before me So Answers: r-~~~ This ~ day of ~v..'" ) /"1 R. Thomas Kline, Sheriff 2004,A.D( }~r' (J nuh-v,~ BYVIW"J.I~ Prothonotary RealEllt'e Deputy /. 'J1) g:t--- c..k. 'I ., I _ p.r/'/'l.7'f) THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and~ Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal. knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severaliy by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of 0 uphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #5 Sworn to and subscribed ef~. h. is 23rd day ~Feb 2004 A.D. NolaI1a1 Seal ~ ~r / /> .fl.# / Tenyl.Russell.NDtaryPubllC L. . W~ City Of Harrisburg, Dauphin County MyCommissionExpiresJune6,2OIl6 NO ARY PUBLIC Member. PennoylY8nlaAssa:lalionOfNo1alletiy commission expires June 6, 2006 CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 540.19 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... .lit~'5 > ...... .~lI!... .'........".34......1..1... ........., ".Qo. . .' . ~tt-.~!'1k' ~l1ON . m mAT.. .r cDi'A1N. I unit In tbe propertY IqawD, IlI11IOl ~ in JIle Declaration Plifj,r="ib.... .. w.ilwnnd Village C-.1. .. ';~ itl Bast Ptnnsboro ~. ,..' QJun!y,~th ,. , OIIiIdIlwI beeIl r . .' ,'.~,*I~;'..,.rtI ""'.li'lIIW...... Ad.li'!nIl' 3, 1963, p.\. 196.ll1tbe~.. .1...nIllcenldol.llo:<mI<r n!llooIl>nl~~ .~~~~!~,m~ ...........~lm .Misc. _ 213, l"F .213, in<\i0Di!id04b)' . - FI!I\. ~_~. ..QooIiDa uoI c~. II. ......' '.' ',;.~! WIage Condominium. ~'t!, ,'Ai. ,jil recOnIed on June 22. ..' Jl!li!129,and.certa!I ,_...-" .. V'dIiF~ .1ijI recOnIed on July 26, Pqe 343, and.- CreaIin _ ",n... ,~_. . ..,~...' , . . ,.......-ontuneD . i1a~~Pqe225,lIlIln"""': ........ ~.,,1lei/InIIinI.......:;j;i ....~y_.~ ..JiIileI:l;*1nd~ OIl luIIO 13, .... ,.., ..'..... '2360. . l'oI&2SlI.- .,.,. . ":1 ,- ......tllrCfiIjIIon.......-1oiI , .'-I.w~iIIIIF ~"""" 'I'~' f:1~aql """"'" no J1UI\IlIY .9'19.... .,~~2olO.PqeIlS4,_' '$!l!ll' 'lIl/lllclOnlillll,Ct<iiIos ..'Wi"~-~ .... "'Mlid<~'\919,- ~Man:Ii 12. "9'l'J;'lIl"",,,W24I,Pqe836, aql.oiI\iiD 11"--" ..........'...... .'~' ':.1"'. . ".':='.'. ~ ~... l,. . _lA'1;\>Iae323,li!4n ~""~IOD<<1iIIIII>a '. ,,111II"""..... ~VIItF . . 'dIIo4-5oa1io111r 14, 1~"III 9:...... l4itft2.ininJjloc.....:l82. ...,~_lIinlh'~ .' " .... .. '1nd~--- SyillaF~dalod'""""""'28,I., !.,~~.~..l\1~" ".,.i~.-:~'......1I8tb' , ,'- -.. .'.'.'.~.......r!~'.~.~.;!\1lS...'. . ~;I\IlI'. 18l. . CaIa or""" or CIr9lS,."d:::J;t.;:';:.r~ ,....*. .....2~l28.. nod. -lIl' n ......~ .COrle.'n!" .' . .lJ/~... ..~..". ...., .......~..,1 ,I. "d ,"',e"<"1' .,."",,,,,, ~1lII 29, '''l. in 'f~,,~I'.1!il ' by~~~ . \o\IIF' . dalod" 21, "" 'lall'26.I'17t,in1'110 . ....~,lIS... , .' '.nl 16, '/0 PIaD .... nl ~--' -~.- ---------------- TAX' pAIlCllL NO.: 1l9'U-i<m.oolA U2841". ' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: JANUARY 16,23,30,2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. II r-"(J' 'IA. Q ~ Y(AA- -- isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 Writ No. 2003-3465 Civil National City Mortgage Company vs. Barbara J. Via Atty.: Joseph Goldbeck ALL TIlAT CERTAIN unit in the property known, named and identi- fied in the Declaration Plan. referred to below as Westwood Village Con- dOminium located in East Pennsboro Township, Cumberland County. Commonwealth of Pennsylvania, which has heretofore been submit- ted to the provisions of the Unit Property Act of Pennsylvania. Act of July 3. 1963. P.L. 196. by the recording in the office of the Re- corder of Deeds of Cumberland County, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29. 1975. and recorded on January 29. 1975. in Misc. Book 213. page 283. and amended by a certain First Amendment to Declaration Creating __.an~j>'\;'-J?lishin" We~~od. VU!l\g~. ~).A. N~SEAL LOIS E. SNYDER, Notary Pu fie Ca~isle Boro, Cumbe~and County My Commission Expires March 5, 2005 I'" ~~, which has neH~lUIUJ\... ......N~~ ted to the provisions of the Unit Property Act of Pennsylvania. Act of July 3. 1963. P.L. 196. by the recording in the office of the Re- corder of Deeds of Cumberland County, of a Declaration Creating and Establishing Westwood VUlage Condominium dated January 29, 1975, and recorded on January 29, 1975. in Misc. Book 213. page 283. and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976. and recorded on June 22. 1976, in Misc. Book 222, page 729. and a certain Second Agreement to Dec- laration Creating and Establishing Westwood Village Condominium dated July 21. 1976, and recorded on July 26. 1976. in Misc. Book 223. Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, 1978. and recorded on June 23. 1978. in Misc. Book 236, Page 225, and a certain Fourth Amendment to Dec~ laration Creating and Establishing Westwood Village Condominium dated June 13, 1978. and recorded on June 23. 1978. in Misc. Book 236. Page 250. and certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January g, 1979. and recorded on January 23. 1979. in Misc. Book 240. Page 884. and a certain Sixth Amendment to Declaration Creating and Establish~ ing Westwood Village Condominium dated March I. 1979. and recorded March 12. 1979. in Misc. Book 241. Page 836. and a certain Seventh Amendment to Declaration Creating and Establishing Westwood Village Condominium dated November 8. 1979. and recorded November 27. 1979. in Misc. Book 249. Page 323. and a certain Eighth Amendment to Declaration Creating and Establish- ing Westwood Village Condominium dated September 14. 1982. and recorded December 14. 1982. in Misc. Book 282. Page 323. and a certain Ninth Amendment to Decla- ration Creating and Establishing Westwood Village Condominium dated November 28. 1986. and re- corded May 12, 1987. in Misc. Book 333. Page 769. and a certain Tenth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 27. 1987. and recorded January 28. 1987, in Misc. Book 329. page 561. and a Code of Regulations of West- wood Village Condominium dated January 29. 1975, and re~orded on January 29. 1975 in Misc. Book 213. page 328. and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28. 1976. and recorded on June 22. 1976. in Misc. Book 222. Page 737. and Dec- laration Plan of Westwood Village Condominium dated January 29. 1975. and recorded on January 29. i975. in Plan Book 26. Page 15. and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dat- ed July 21. 1976, and recorded on July 26. 1976. in Plan Book 28. page 72. and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condo- minium dated June 16. 1978. and recorded on June 23. 1978. in Plan Book 33. Page 28. and amended by a certain 'Third Amendment to Dec- laration Plan of Westwood Village Condominium dated January 9. 1979. and recorded January 23, 1979. in Plan Book 34. Page 100. and amended by a certain Fourth Amendment to Declaration Plan ofdWestwood Village Condominium dated March 1. 1979. and recorded March 12, 1979. in Plan Book 35. Page 3. and amended by a certain Fifth Amendment to Declaration Plan --... ~~ r'nnrlorninium \ LVIOL.......... Carlisle Boro, cum\lertaoG \.;<lumJ \ My Commission Expires March 5, 2005, ~ ".",.....,,~,.,,'- -,'-.- 236. Page 250. and certain Fifth. -r Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 9. 1979, and recorded on January 23. 1979. in Misc. Book 240, Page 884. and a certain Sixth Amendment to Declaration Creating and Establish- ing Westwood Village Condominium dated March 1, 1979, and recorded March 12. 1979. in Misc. Book 241, Page 836. and a certain Seventh Amendment to Declaration Creating and Establishing Westwood Village Condominium dated November 8. 1979, and recorded November 27, 1979. in Misc. Book 249. Page 323. and a certain Eighth Amendment to Declaration Creating and Establish- ing Westwood Village Condominium dated September 14, 1982. and recorded December 14, 1982, in Misc. Book 282, Page 323. and a certain Ninth Amendment to Decla- ration Creating and Establishing Westwood Village Condominium dated November 28, 1986, and re- corded May 12, 1987, in Misc. Book 333. Page 769. and a certain Tenth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 27, 1987, and recorded January 28. 1987. in Misc. Book 329. page 561, and a Code of Regulations of West- wood Village Condominium dated January 29. 1975, and recorded on January 29, 1975 in Misc. Book 213, page 328. and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28. 1976, and recorded on June 22. 1976. in Misc. Book 222. Page 737, and Dec- laration Plan of Westwood Village Condominium dated January 29, 1975. and recorded on January 29. 1975, in Plan Book 26, Page 15. and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dat~ cd July 21. 1976, and recorded on July 26. 1976. in Plan Book 28. page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condo- miniwn dated June 16, 1978. and recorded on June 23. 1978. in Plan Book 33. Page 28. and amended by a certain Third Amendment to Dec- laration Plan of Westwood Village Condominium dated January 9. 1979, and recorded January 23, 1979. In Plan Book 34. Page 100. and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated March 1. 1979. and recorded March 12, 1979. in Plan Book 35. Page 3, and amended by a certain Fifth Amendment to Declaration Plan of Westwood Village Condominium dated November 8, 1979. and re- corded November 27. 1979, in Plan Book 37. Page 7, and amended by a certain Sixth Amendment to Dec- laration Plan of Westwood Village Condominium dated January 26, 1987, and recorded January 28, 1987. in Plan Book 52. Page 41. being designated on said Dedara- tion Plan of Westwood Village Con- dominium as Unit No, L59.T2B. (er- roneously set forth on the Tenth Amendment as Unit No. L55,T2BJ, Building 2. (also referred to on the Tenth Amendment as Building 14). block No.4. known as 841 Char- lotte Way, Enola, East Pennsboro Township. Cumberland County. Pennsylvania, as more fully de- scribed in such Declaration Plan and Declaration Creating and Es- tablishing Westwood Village Condo~ minium. as the same appears of record as set forth above. including any amendments thereto, TAX PARCEL #09-12-2992-001A '84159. r .,",1,,'''''''''"''' J ClIJDn Creatin!{ and Establishing Westwood Village Condominium dated November 28. 1986, and re- corded May 12. 1987. in Misc. Book 333. Page 769. and a certain Tenth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 27. 1987. and recorded January 28, 1987, in Misc. Book 329. page 561. and a Code of Regulations of West- wood Vlllage Condominium dated Janumy 29. 1975. and recorded on January 29, 1975 in Misc. Book 213. page 328. and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976. in Mise, Book 222, Page 737, and Dec- laration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29. 1975. in Plan Book 26. Page 15. and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dat- ed July 21. 1976. and recorded on July 26. 1976. in Plan Book 28, page 72. and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condo- minium dated June 16. 1978. and recorded on June 23. 1978. in Plan Book 33, Page 28. and amended by a certain Third Amendment to Dec- laration Plan of Westwood Village Condominium dated January 9, 1979, and recorded January 23. 1979. in Plan Book 34. Page 100. and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated March I. 1979. and recorded March 12, 1979. in Plan Book 35. Page 3. and amended by a certain Fifth Amendment to Declaration Plan of Westwood VUlage Condominium dated November 8. 1979. and re- corded November 27. 1979. in Plan Book 37. Page 7. and amended by a certain Sixth Amendment to Dec- laration Plan of Westwood Village Condominium dated January 26. 1987. and recorded January 28. 1987. in Plan Book 52. Page 41. being designated on said Declara- tion Plan of Westwood VUlage Con- dominium as Unit No. 1..59.1'28. (er- roneously set forth on the Tenth Amendment as Unit No. L55.T2B). Building 2, (also referred to on the Tenth Amendment as Building 14). block No.4. known as 841 Char- lotte Way. Enola. East Pennsboro Township, Cumberland County. Pennsylvania. as more fully de~ scribed in such Declaration Plan and Declaration Creating and Es- tablishing Westwood Village Condo- minium. as the same appears of record as set forth above, including any amendments thereto. TAX PARCEL #09-12.2992-001A - '84159. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attomeyi:D.#16132 Stlile 5000 - Mellon Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Anomey for Plaintiff NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS Plaintiff vs. of Cumberland County BARBARA J. VIA Mortgagor(s) and Record Owner(s) 841 Charlotte Way Enota, PAl 7025 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 03-3465 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY; Issue Writ of Execution in the above matter; Amount Due $71.808.55 Interest from 01/01/2003 to 09/12/2003 at 7.3750% (Costs to be added) GOillBECK s:: BY; Joseph A. Gold; e, Attomey for Plaintif\ & McKEEVER ~ p~ ~t- ~ ~ ~ r Clv ~ i. ~ ~ + -{g. - , o C I.:'J D I" ~ -lc; W CnW' >-> ~...o 111 ~ ~ ~QO~(JJO cr,DCC~C I I I I -cJ ~ ~ ~ ~ r ~ :. rPL :.:. -:. '-Ij-Z ---- <: r-:, J-,: CJJ ..: ~ "" i>< Z o V)~ 'DO e ~ U <>"'r<> 1-<00 01-< z~ o u ~ = I-< ~ ~ ~ o u ~ ~ o I-< 0>:: o ::8 >< I-< - U :;! Z o ~ z en :> ~ ~ 00 ";:;' ~ < 0 "'V) -"O~N >S~O ~~BS:: ;:50>::]< ~"Oap.. ~ ll-'" of ___u'O 00 _ " __~'7r.Ll - 01)00 '" 01) 1: o 6 z o - I-< ;; u~ ~ ~ ~ iJl r<>'s o ~ I-< S ~i ~~ 0'" ... Q ~6 i>< - U ~ ~ ~~ ~~ "'::: u .s <> '" "'- ",,," - h 8<.8 ~ t' -'" e <> 0 "'''' ;g<t: ~ h <> ... E <> " ~u ~8 ~ c.l ~ ~ ~~""'-.D ~&~~fi c~ (/) - :; -o'a)<r:: I ~ _ ~ r-- =oaP-<N ~ o""=' c<f "9 ~~~~~ ::8::8C:~N ..::t: I r-- "0 u 0 ...:s ~8 :.a 'OV) "" '0 " ~ "S if] ALL THAT CERTAIN utUt in tile property known, nall\~d Ilnd idenLi!icd in tlll! Declaration PIllIn, reCerred to below sa Westwood Villa:e Condl)lllinillm loeatcd in Ea&~ Penmull1'O Township, Cumberland County. Commonvnlaltb or Penn;ylvania, which hall heretoCoxe been $,lhll1ltted to the provisions ot the Unit Property Act o( Penn..,.lVllnia. Al:.t or July 3, 11)$3, P.L. 196, by tlla ffi:()rdinc: in U. oUice of the Recorder or Deeds DC Cumberland County, oC a Dedaration CxeaUng and Establishing Westwood Village CondomlDi\lUl dated Jllnuary 29. 1915. Ilnd %e(IOrded on Jllnuary 29, 1911S, In Miec. Book 213. ~ee 283, and alQnded by a.certain First AlUcndMcnt 10 Declaration Crutini and Establi.mnc WestWood Villaao Condominillm daled May 28, 1970, and rec:onl9d on .rune 22, 1970, In Mille. Boot, 222, pa~ '/29, ami II certain SeClll\a ~ement 10 Dedo,ro.tiou Creating alll' EstabJW>inC W"twood ViIlap CondOUl.bUwn dated July Zl, 1976, al1d reconJed on July 26, 1976. In Mise:. Book 22:\, Page 343. and a ccrtaiG Thitcl Amendment 10 Oeehu:lltion Cmating llJ>d &tabliallinC W~twood VI1lac_ CondolDlnilUn dated Ju~ 9, 1978. and ~nled on June 23, 1078, in Mi$c. Book 2360 PaCO 226, and , certain FOUl1.h Amendment to Ded.antio.. ~eatb>c and E8tabUI>hin~ W..twood Vall.CO CoAdolJllmU1lJ dated Jvne 13.1978, and recoried 011 JUDe 23, 1918; in ldJsc. Book 236, Page 2GO. llJld cerlala Filth AmeadmGl'lt to Dedllta~ CrutiDI and EstabJlahl1l8' Wutwood Vlllace CoDdominilllll "tell ;JUIlAI'7 9. 1979, and rec:orded oil January 23, ~D79, In Mise. ll90k 240. Pace 8M. and. ctlrtain SixtIl AmeDli_nt &0 tlecllaratkm ez..t1uc .SId JJtta"".b"'lr Wwt1llN4 .... CoD4oIIIIahD1a dlIterI March 1, 1919\ and rec:ordd MeKR l2, IllTt. in Miec. Book 241, Pap 8a$, .ad II t:Ortaill Seventh Amendment 10 Declaration Cruti!ls _ "b\isbinc WlII8twood VW.ge CondoaritUum d.tod November 8, t9'f1l,... .N-1wRd No~mber 21, 1919, In Mile.. Book ~9. Pae4l 323. and a certaill EiSlitb Amendment to DeeJan.tion Croating and Establialun( Westwood VillaS_ Condominium dat9d Sept9mber 14, 1982, ...nd ~raed De<:aluber H, 1982. in Mille. Book 2~ Pago 323. IIJld . certain Ninth AlJIendn>enl 10 Declaration C",atiuJ and EatabJi$hin<< Welltwood Villa.. CondOtlliniv.m daCe4 November :8. 1986, and ~rded MaY 12, IllS1, in Mise. Boo1 333. Page 7GO, and .. eerhlin T'lI,tll Am.endment to Declaration Crolltmc and Eatllbli$binS Westwood Villap Condcmainlum dated J.....uary 27.1981, aJld ncorded In.nuary 2B, 1987, in Mise. Book ~9, pap 5Gl. .mI a Code of neiluJaUoJl8 of \YeetwoodViUal:e Condominium dated January 29. 1911>, aod recorded on January 29. 1975 in Miac. Book 213, pa;:e 328. alld lI_nded \)y a cart..in Fi...t Ameadm~nt to Cod.. or Recu1ationa of W'Istwoocl VUlace Condominium dated May 28, 1976. aI,,1 recorded on JUDe 22. 1976, in Mise. Book 222. Pal" 731, end Declaxatiaa Plarl oC West.woodVillaCG Condombuull1 dated JanWlry 29, 1005, ami neorded 011 JIUlIlMJ ~, 1975, in Plan Book 26, l'ace 15. ."d aJllentletl by a cerWu FlJIlt AmllJ>dment to Dedaratltm Plan or West.wood vsUage CondolDiniulD dated July 21, 1970, and recorded on JuJ7 26, 1916, in Plan Book 28, Pllce 7Z, and am~ed b, a certain Second Amendment to Declaratiol1 Plan oC W.et1l1lOd vmep Cbndollliniullt Mud June 1G. 1978, 8nd recorded on June. 28, 19111. In Plan Book sa, Paco 28, and Amended 11,. II certain Third Amendment to Declarotion Plan of Westwood Village Ooadotninlum daled January lJ. 1919, and neorded January 23. 1979, ilL PlUll Book 34, Pace- 100. and amended by a C9rt&ln Felll'tb AmeJldlp.nt to Declaratioa Plan of Westwood Village Con<lomlniulIl dated MaT:Ch 1, 1919, and l'eCOI'ded Mateb 12. 1979, in Plan Book 35, Page 3, QJUi amended by a eertaiD Fil\:h AmeodmclIt to Dcdaration Pllln or Westwood VUlaae Condominium datoll November 8. 1979. and recorded NoYomber Z'l, 1979, in 1'1.n Dook 37. Pllp 7. aml om....ded by a ~rtnil\ Sixth AmendmenFto-Dedat1ltiOJl Fin oC Westwood Villace CondomilliuOl dated Jt\I\tlsry 20, 1987, and recotcled January 28,1987, in Plan Book 52, Pace 41,lIeil,g designRted on allid OeelaratioJl PIan oCWntwood VmllCe ConOOllliDlllm as lInit No J..59.T2T1. ~r\'Ot1e~y ~t fOJtlt oq t1wt TelUh A!t\lDl1"W)t ~ Unit. flo.. ~6.T2l}l. Bulltll'lf t (also terel'J'.td tl'l Dn tl1e te""' ~dmel1t IIR B\lI"'iDr"1~ 1I1ook No.4, .'lOW'\ ,. 8<11 Cb..tI~ \fa:", El\mft. Rut p,..,118b~ro Town.tUn. Cuhtv.-"'ncl CoJ1nW. P<oI"''I)'tyanlt, .. mon Cdy aescribed in web Dec:laxatioll PleA and Ocdantiolt Cruatinl a..d li:atabllllblnc W.a\wood Villap Cou4ominium. all tho 811_ tlJlpQjlQ of record aa....t forth ..boYe, Includlnlf .11)' amel'ltluwllte tblJreto. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLV ANlA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY, NO 06-3465 Civil CNIL ACTION - LAW Plaintiff (s) From BARBARA J. VIA (I) You are directed to levy upon the property of the defendant (s)and to seU SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as fDUows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any dehtto or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $71,808.55 L.L. Interest FROM 1/1/03 TO 9/12/03 AT 7.375% Ally's Comm % Ally Paid $132.85 Plaintiff Paid Date: SEPTEMBER 16, 2004 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothono" ~ ~/fin.-,..D~P. " {c./?//./v,i Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPIDA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Jospeh A. Goldbeck, Jr. Attomey J.D. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 Plaintiff IN THE COURT OF COMMON PLEAS vs. BARBARAJ. VIA Mortgagor(s) and Record Owner(s) 841 Charlotte Way Enola, PAl 7025 of Cumberland County CIVIL ACTION - LAW Defendant( s) ACTION OF MORTGAGE FORECLOSURE NO. 03-3465 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Goldbeck McCafferty & McKeever BY: JosephA. Goldbeck, Jr. Attorney LD. #16132 ,. Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. BARBARA J. VIA (Mortgagor(s) and Record Owner(s)} 84 I Charlotte Way Enola, P A 17025 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 03-3465 AFFIDAVIT PURSUANT TO RULE 3129 NATIONAL CITY MORTGAGE COMP ANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 841 Charlotte Way EnDla, P A 17025 I.Name and address ofOwner(s) or Reputed Owner(s): BARBARA J. VIA 841 Charlotte Way EnDla, P A 17025 2. Name and address of Defendant(s) in the judgmeut: BARBARA J. VIA 841 Charlotte Way Enola, P A 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 P A DEP ARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5:N ame and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUP ANTS 841 Charlotte Way Enola, P A 17025 WESTWOOD VILLAGE CONDOMINIUM I LAKE DR LAKE HARMONY ,PA 18624 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: September 14, 2004 r cf GOLDBECK Mc ~J4TY & McKEEVER BY: Joseph A. Gi;~~~r., Esq. Attorney for Plairlt. ff \ \ I ~ 03-3465 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. AttorneyI.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OR 45401-1820 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff Vs. CIVIL ACTION - LAW BARBARAJ. VIA Mortgagor(s} and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 84 I Charlotte Way Enola, P A 17025 Term No. 03-3465 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: VIA, BARBARA J. BARBARA J. VIA 841 Charlotte Way Enola, P A 17025 Your house at 841 Charlotte Way, Enola, P A 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, March 02, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$7I,808.55 obtained by NATIONAL CITY MORTGAGE COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. Tbe sale will be cancelled if you pay to NATIONAL CITY MORTGAGE COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To frod out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 03-3465 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff 0017-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, Dr ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 USBC PAM - LIVE - V2.5 - Docket Report Page I of4 2002, 341Held, CREDS, CLAIMS, MotDism, PlnCnfrmd u.s. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:04-bk-Ol082-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 02124/2004 Barbara J Via 841 Charlotte Way Enola, P A 17025 SSN: xxx-xx-5322 Debtor Charles J. DeHart, III (Trustee) PO Box 410 Hummelstown, PA 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 (717) 221-4515 Asst U.S. Trustee represented by James M Bach 352 SOUTH SPORTING HILL ROAD MECHANICSBURG, PAl 7050 717737-2033 Filing Date # Docket Text 0212412004 .1 Chapter 13 Voluntary Petition. Filing fee due in the amount of$ 194.00 Filed by James M Bach on behalf of Barbara J Via. (RCP) (Entered: 02/24/2004) 02/24/2004 Receipt of Voluntary Petition Filing Fee. Receipt Number 605649 Fee Amount $ 194.00 (RE: related document(s).l). (RCP) (Entered: 02124/2004) 02/24/2004 2 Chapter 13 Plan Filed by James M Bach on behalf of Barbara J Via (RE: related document(s).1). (RCP) (Entered: 02/24/2004) 02/24/2004 3 Matrix filed/Creditor List Uploaded Filed by James M Bach on behalf of Barbara J Via (RE: related document(s)1). (RCP) (Entered: 02/24/2004) 02124/2004 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO https:/lecfpamb.uscourts.gov/cgi-binlDktRpt.pl?75134874268 I 018-L_82 _ 0- I 9/14/04 USBC PAM - LIVE - V2.5 - Doc:ket Report Page 2 of 4 CHANGE. 4/2212004 at 09:00 AM. (DO) (Entered: 03/02/2004) 02/27/2004 4 Notice to parties of filing of claim by Debtor on behalf of the Cumberland County Tax Claim Bureau in the amount of$I,OOO.OO (KZ) (Entered: 02/27/2004) 03/15/2004 5. Request to BNC - Meeting of Creditors. 34l(a} meeting to be held on 4/22/2004 at 09:00 AM Federal Bldg, Trustee Hearing Rm, Rm I 160, 1 I th Fl, 228 Walnut St, Harrisburg, P A Proofs of Claims due by 7/2112004 Last day to Object to Plan Confirmation 8120/2004 (DP) (Entered: 03/15/2004) 03/17/2004 Q BNC Certificate of Mailing. Service Date 03/17/2004. (Related Doc # 5.) (Admin.) (Entered: 03/18/2004) 03/1712004 Z BNC Certificate of Mailing. Service Date 03/17/2004. (Related Doc # 5.) (Admin.) (Entered: 03/18/2004) 04/2 1/2004 9 Request for Notice under 2002 Filed by Becket and Lee on behalf of eCast Settlement Corporation, assignee of General Electric//JCP Consumer. (RCP) (Entered: 04/26/2004) 04/26/2004 8 Request for Notice under 2002 Filed by Alice Whitten on behalf of AmeriCredit . (RCP) (Entered: 04/26/2004) 04/29/2004 10 Certification that 341 Meeting of Creditors Held (Ch. 13) on 4122/04. (There is no image or paper document associated with this entry.). (dehart, III(ds), Charles) (Entered: 04/29/2004) 05/06/2004 II Objection to Confirmation of Plan Filed by Leslie Puida of Goldbeck McCafferty and McKeever on behalf of National City Mortgage (RE: related document(s)2.). (KZ) (Entered: 05/06/2004) 05106/2004 12. Notice to Parties: (RE: related document(s)[II] ). Hearing scheduled for 6/8/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (KZ) (Entered: 05(0612004) 05/06/2004 U. Motion to Dismiss Case for material default and hearing notice to parties. Filed by Trustee. Hearing scheduled for 6110/2004 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (dehart, III(ds), Charles) (Entered: 05106/2004) 05/19/2004 14 Motion for Relief from Stay. Filing fee due in the amount of$ 150.00 Filed by Leslie Puida of Goldbeck McCafferty and McKeever on behalf of National City Mortgage. (KZ) (Entered: 05/1912004) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?75 I 348742681 018-L 82 0-1 9/14/04 USBC PAM - LIVE - V2.5 - Docket Report Page 3 of 4 05119/2004 Receipt of Mot ion for Relief from Stay Filing Fee. Receipt Number 608971 Fee Amount $ 150 (RE: related document(s}[l4]). (KZ) (Entered: 05/19/2004) 05119/2004 15 Certificate of Non-Concurrence Filed by Leslie Puida of Goldbeck McCafferty and McKeever on behalf of National City Mortgage (RE: related document(s)[14]). (KZ) (Entered: 05/19/2004) OS/20/2004 16 Order (RE: related document(s)[14]). Answers are due on: 6/4/2004. Hearing scheduled for 6116/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (KZ) (Entered: OS/20/2004) 06/0112004 11 Amended Chapter 13 Plan and notice to all creditors of objection date Filed by James M Bach on behalf of Barbara J Via (RE: related document(s)2.). Last day to Object to Plan Confirmation 8/20/2004. (KZ)(Entered:06/02/2004) 06/0112004 20 Request for Notice under 2002 Filed by Teresa R Stephens on behalf of National City Mortgage. (DB) (Entered: 06/09/2004) 06/04/2004 lB. BNC Certificate of Mailing. Service Date 06/04/2004. (Related Doc # 11) (Admin.) (Entered: 06/05/2004) 06/04/2004 19. BNC Certificate of Mailing. Service Date 06/04/2004. (Related Doc # 17) (Admin.) (Entered: 06/05/2004) 06/ I 4/2004 21 Praecipe/Withdrawal Filed by Leslie Puida of Goldbeck McCafferty and McKeever on behalf of National City Mortgage (RE: related document(s)[l I]). (KZ) (Entered: 06/14/2004) 06/18/2004 2.2. Praecipe/Withdrawal Filed by Trustee (RE: related document(s)U). (dehart, lI1(ds), Charles) (Entered: 06/18/2004) 08/03/2004 23 Correspondence from attorney requesting new standing order due to improper service Filed by Leslie Puida of Goldbeck McCafferty and McKeever on behalf of National City Mortgage (RE: related document(s)[16]). (KZ) (Entered: 08/03/2004) 08/03/2004 24 Order (RE: related document(s)[14]). Answers are due on: 8/18/2004. Hearing scheduled for 9/112004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (KZ) (Entered: 08/03/2004) 08/06/2004 25 Certificate of Service Filed by Leslie Puida of Goldbeck McCafferty and McKeever on behalf of National City Mortgage (RE: related document(s)24, [14]). (KZ) (Entered: 08/06/2004) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?75l348742681 01 8-L _ 82 ~ 0-1 9/14/04 USBC PAM - LIVE - V2.5 - Docket Report Page 4 of 4 0811 012004 26 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Trustee. Hearing scheduled for 9/9/2004 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (dehart, llI(ds), Charles) (Entered: 08/1012004) 0811 112004 27 Answer Filed by James M Bach on behalf of Barbara J Via (RE: related document(s)[14] ). (KZ) (Entered: 08/12/2004) 08/25/2004 28 Order Confirming Amended Chapter 13 Plan (RE: related document (s)l1, ~). (Attachments: # 1 Certificate of Service) (NP) (Entered: 08/2512004) 08/26/2004 29 Certificate of Concurrence Filed by James M Bach on behalf of Barbara J Via (RE: related document(s)[14]). (CA) (Entered: 08/27/2004) 08/30/2004 30 Order Granting Motion for Relief from Stay (RE: related document(s) [14J). (Attachments: # 1 Certificate of Service) (KZ) (Entered: 08/30/2004) I PACER Service Center I Transaction Receipt I IPACER Login: IBillable Pages: I:04-bk-OI082-MDF Fi! or Ent .. Docket Search Fi] Doc From: 0 Doc To: Description: Report Criteria: 99999999 Term: y Links: n Format H1MLlint 'D~'OI4 https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?7 513487 4268 101 8-L_ 82_0- I 9/14/04 . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attome for Plaintiff NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 NC-0566 03/02/2005 $71,808.55 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW BARBARA J. VIA Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Term No. 03-3465 841 Charlotte Way EnDla, P A 17025 Defendant( s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.c.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: .. Personal Service by the Sheriff's Office/. . . (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriff's Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff's Office to Attorney for Defendant( s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). 7160 3~01 ~646 6460 S~b6 TO: VIA. BARBARA 1. BARBARA .I. VIA 841 Charlotte Way Enola, PA 17025 SENDER: GOLDBECK MCCAFFERTY I< MCKEEVER September 14, 2004 REFERENCE: VIA, BARBARA J. / NC-0566 03/02/05 - Cumberland PS Form 3800 June 2000 RETURN Postage RECEIPT Certifjed Fee SERVICE Relum Receipt Fee Restricted Delivery Total Postage & Fees US Pos/al Service POSTMARK OR DJi1"E Receipt for Certified Mail , No Insurance Coverage Provided Do Not Use for International Mail ........_.....h....._..__.h....._.....~......._..____."...__..___..u.n..___._....________..._.. AFFIX POSTAGE TO MAil PIECE TO COVER FIRST CLASS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1 Detach the form 3811, Domestic return receipt by lear- ing left !o right across perf Attach to mailpiece by peeling back the adhesive strips and affixing to front of mailpiece if space permits, Olflerwisc affix to back of mailpiece 2 If you do nol wanl the receipt postmarked, slid, the article # label 10 the nah! of \Ill; relurn d,kJrcss. dale receipt and retain the recolpl 3 II you wilnt this rUCl!Ipt iAlstnmrketJ, slip the 3800 receipt between lhe relum receipt, and the mailpiece, and slide the edge of the receipt to the gummed odge of adhesive This wiU hold the receipt in place tQ present to your mallcenler, or post office service window. 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Via In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3465 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2004 at 4:31 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Barbara J. Via, by making known unto Barbara J. Via, personally, at 841 Charlotte Way, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2005 at 3:03 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Barbara J. Via located at 841 Charlotte Way, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn acc,ording to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Barbara J. Via, by regular mail to her last known address of 841 Charlotte Way, Enola, P A 17025. This letter was mailed under the date of December 29, 2004 and never returned to the Sheriffs Office. This _ day of So An~s: r~' -.c~ R. Thomas Kline, Sheriff BY ,j 0 ~~n.iJ:h Real Estate eputy Sworn and subscribed to before me 2005, A.D. Prothonotary - GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY POBox 1820 Dayton, OR 4540 1-1820 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVlL ACTION - LAW BARBARA J. VIA Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 841 Charlotte Way Enola, P A 17025 Term No. 03-3465 Defendant( s) SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 NATIONAL CITY MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 841 Charlotte Way EnDla, P A 17025 I.Name and address ofOwner(s) or Reputed Owner(s): BARBARA J. VIA 841 Charlotte Way EnDla, P A 17025 2. Name and address ofDefendant(s) in the judgment: BARBARA J. VIA 841 Charlotte Way Enola, P A 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA ROOM 101 ENOLA, PA 17025 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 841 Charlotte Way Enola, P A 17025 WESTWOOD VILLAGE CONDOMINIUM I LAKE DR LAKE HARMONY , PA 18624 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to ~le best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 3, 2005 ----- (" -';'\ C' u.j \ -~ \\ (.-'? ,,' C,':;': - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND OJ j '3 <ffe~ }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby ce ify that the Sheriffs Deed in which National Citv Mtg Co is the grantee the same having been sold to said grantee on the 2nd day of March AD., 2005, under and by virtue ofa writ Execution issued 0 the 16th day of Sept, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 003 Number 3465, at the suit of National citv Mtg Co against Barbara J Via is duly recorded in S eriffs Deed Book No. 268, Page 3 I 6. IN TESTIMONY WHEREOF, I have hereunto t my hand and seal of said office this ;;13 ~ ,A.D. 'd--C 0 S y ~, '-.f J1 I J, (fVJU"-<J J-<~ Recorder of Deeds, umOOrland County, Car1fsla, PARecor r of Deeds MV Commission Expires the First Monday of Jan. 2001- day of ~ National City Mortgage Company VS Barbara J. Via In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3465 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that n December 06, 2004 at 4:31 o'clock PM, he served a true copy of the within Real Esta Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Barbara J. Via, by making known unto Barbara J. Vi personally, at 841 Charlotte Way, Enola, Cumberland County, Pennsylvania, its cont and at the same time handing to her personally the said true and correct copy of the s e. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, state that on January 03, 2005 at 3:03 o'clock P.M., she posted a true copy of the within R Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Barbara J. Via located at 841 Charlotte Way, Enola, Pennsylvania, accord ng to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within nam defendant, to wit: Barbara J. Via, by regular mail to her last known address of 84 I Charlotte Way, Enola, P A 17025. This letter was mailed under the date of December 29, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberlan County, Pennsylvania on March 02, 2005 at 10:00 o'clock A.M. He sold the same fo the sum of$1.00 to Attorney Joseph Goldbeck for National City Mortgage Company. It being the highest bid and best price received for the same, National City Mortgage Company ofP.a. Box 1820, Dayton, OH 45401-1820, being the buyer in this execuf n, paid to SheriffR. Thomas Kline the sum of$I,6l9.15, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy $30.00 31.75 15.00 15.00 30.00 10.00 1.00 22.20 2.96 15.00 .it / I &-1,0 V ~L.h' t..f?)- 110)..; Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 20.00 688.55 642.34 30.85 25.00 39.50 $ 1,619.15 Sworn and subscribed to before me This -2.L day ofr4;~/",t, 2005,A.D.t.-t.-L..o' -~ Prothonotary So Answers: r~ 1t?t:~~." R. Thomas Kline, Sheriff -, ! By\Jo~~H1 Real Estate eputy r . Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PEAS Plaintiff of Cumberland County vs. BARBARA J. VIA (Mortgagor(s) and Record Owner(s)) 841 Charlotte Way Enola, P A 17025 CIVIL ACTION - LAW ACTION OF MORTGAGE FOREC OSURE Defendant(s) No. 03-3465 AFFIDAVIT PURSUANT TO RULE 3129 NATIONAL CITY MORTGAGE COMP ANY, Plaintiff in the above action, by its attorney, Joseph A. oldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of executiDu was filed the following information co eming the real property located at: 841 Charlotte Way Enola, P A 17025 I.Name and address ofOwner(s) or Reputed Owner(s): BARBARA J. VIA 841 Charlotte Way Enola, P A 17025 2. Name and address of Defendant(s) in the judgment: BARBARA J. VIA 841 Charlotte Way Enola, P A 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to b sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcemen Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: .. , 5. Name and address of every other person who has any record interest in or record lien on the property and who e interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in e property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the prop rty which may be affected by the sale. TENANTS/OCCDP ANTS 841 Charlotte Way Enola, P A 17025 WESTWOOD VILLAGE CONDOMINIUM I LAKE DR LAKE HARMONY ,P A 18624 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowIe e or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. clion 4904 relating to unsworn falsification to authorities. GOLDBECK c BY: Joseph A. G Attorney for Plai RTY & McKEEVER c , Jr., Esq. DATED: September 14. 2004 03-3 65 . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLE S of Cumberland County Plaintiff vs. CIVIL ACTION - LAW BARBARA J. VIA Mortgagor(s} and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 841 Charlotte Way Enola, PA 17025 Term No. 03-3465 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE A TTEMPTlNG TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: VIA, BARBARA 1. BARBARA .J. VIA 841 Charlotte Way Eno1a, P A 17025 Your house at 841 Charlotte Way, Eno1a, P A 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, March 02, 2005. at 10:00 AM. in Commissioners Hearing Rm 2nd FL Courtnouse to enforce the court judgment 01'$71,808.55 obtained by NATIONAL CITY MORTGAGE COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: l. The sale will be cancelled if you pay to NATIONAL CITY MORTGAGE COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-\322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment. i the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings, 03-3 65 You may need an attorney to assert your rights. The sooner you contact one, the more chance y u will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHT EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property wiU be sold to the highest bidder. You may fin out the price bid price by caUing the Sheriff 0017-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequat compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the fuU amount due in the sale. To fin out ifthis has happened, you may caU the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you wiU remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the fuU amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house wiU be filed by the Sheriff thirty (30) days from the date oft Sheriffs Sale. This schedule will state who wiU be receiving that money. The money wiU be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are file with the Sheriff within ten (10) days after the schedule of distribution is filed, 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately atler the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW T FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, P A 17013 ALL THAT CERTAIN unit in tbe. property known. paned ud identl!icd in C! DeclUlltlon :Plan, referrecl to below ..1 We!itwood VJlIace Cond\>culllIlUll loeat.ed n Eltst PennsLoro Township, Cumberland County, Commonwllalth 0{' Pennsylvan , which has hemtoCore been $ubmltted to tba provilliona or \he Unit Property Act I PennsylYllnia, kt 01 July 3, 1963, P.L. 196, by the recotdinc ill the oUice or I e Recorder ot ~da DC Cum1let\ail.d County, oC a Declaration ereating a II Establishing Westwood Village Condomiol\lDl dated J'Uluary 29, 1975, and re<<l d 011 Ja.n\lary 29, 1911S. in Miee. &ok 213, pap 283, and anaended by ll.certI/.in P:' t Amendment to DeclJ1l'l1tion Crulinr and Eetablishinc WItAood Villa Condominium dated May 28. 1970, and Nconl9d Dn .June 22, 197<1. in MIIlC, \, 222, pOll<! '729, IImI A certain Sectllld Apemenl to Dedaro.Uon CreaUng a"I BslnblishinC Westwood V~ ConllOlZlwwn dALed JulJ 21, 1il76, and recorded July 26. 1976, In Mise. Book 223. Page 3,(3, and a cottam Third AJIlendment Deelarut10n CreAting Mil IUtabi!8llmc Westwood VllIace CondolOlnllUA dated JlI 9, 1978, and recorded on June 23, 1078, P1 Mice. Book 236" Page 221>. anel . certu FOUlth /unelulment to Dcclanlian ereal:inc and Eatl1bllthinr Wa.h.ood Villa C-d4l1ll-Mum dated hll8 la.l978, and rec:orded on JUlIe 23, 1~8~ in MJse. B 236, Pace 2[;(), and cert;ilil. JI'".n.b AmeAdmellt to Deda~tiOl1 C.-oa.tinJ Il1 Establlahlnr Wastwood vnla~ Oomlomini\1D1 "te!I ;,JdJluaq' 9, lQ79, ..nd recorde on January 23, '919. in MIae. BjlGJt 240. P..- 81U. anti. entain ~ Amcndll\e lD Deela....tl.on O,...t1uc' and EttalllkbiDr WaetWDod Vflt.1II OolUlombli_ ~\c M,rch 1. 191911100 _rded March Ill, 1m. Ju Mitlll. Book 241, P..P 83$, atld eeriAin Seventh Amctuill\el1L to Declaration C,..atiJsr Uld letablislunr W,*w VIllage Condonliclium dated N.\vember 8. 1m, all'-'''eoMed N"",mber 21, 1979. I MUe.. &ok U9, Pate 323, and .a certain Eighth ADaeadntell{to Dedatatio Cl'Qating and FAtabliahinr Weslwood Villera Condominium dated S~18mber 14 1982. a.nd ~raed Decell1be,. H. 1982, in Misc. Boolc 282, Pago 323. lUld a eerta Ninth AlJlendme'nL to l>9claraticm CreatinJ and Ealabli$lUni Westwood Villa Condominium dare" November %a. 1086. and recorded MI1Y 12, 1967, ill Mise. Boo 333, Page 76(1, and a certain Tantl, Amendment to Declaration Creatin~ an Eatab6sbinl WestwOOII Village CondOUlintwn dated Jan\lU)' n. 1981, an<l recnrded Jnnuary 28, 1987, in Mlac. Book ~9, pap 661, ami a' Code 01 neluI<ltioDll I' \VeetwoodViUagB Con<lomhlium d.\cd ,Jlln\lar:Y 29. 1915. acd recorded on Janua. 29. 1975 in Miac. Book 213, p.~ 325, lIlld IllMndeil. by . eerte..n Fi",t AmllJldment 10 Cod. DC Regulations otWestwOOll Villtlp Condominl1llll deted May 28. 191G. a..d l'l!<:Orded on June 22. 1976. in Miee. Book 222, Pll~e 731, and Declaration P1all 0 Wocl.woodVi1hlg8 Condcnninlum daLed "aoury 29. 1075, aml1'8eorded on Jan\li\ry 29,1915, in Plan Book 26. Pace 16.1Ulll amantled by. cemin F"uat mendlllent to De.;lnratlon Plan or Westwood VillAge Condominium daLed July 21. 1976. and rt>t:Orded on July 26, uno, In Plaa Book 28. page 12, and aDll)I\ded 1>1 a certain SocoDd Amondment to Dec:Iaratioll P11lD of W"R<t>>od Village C6ndoanlnium d.attd June IG, 1978. and recorded Q1\ June 23, 1978. in Plan Book 33. Page 28. and IIIl111nrled by II certain Thlnl Amenrlmant to Deetarlltio'l Pian or We8~ Villare ColldominiulI1 dalG<l J'llluary 9. 1919, IInd Ncorded .January 23. 1979. ill P11111llook 3,(, Pace-lOO, ami amended by a Cltrlaln Foutlb AmendDlellt 10 Dec!aratioll P!:I.n o! Westwood ViUap ConctDminlum elated Ma.rch 1, 1919, and recotded Ma((:b 12, 1979. in Pllln Book 35. :Pliga 3. lInd alllC!!nded by a certllia Filth Amel'ldmcnt to Declaration Plan oCWelltwood VUla;. Condominium da~ November 8,1979. and. recorded Novelll1~r_27:, 1979. ,iu Plan nook 37, Pllga T,lInd amended by a certnll\ Sixth Amelldlllenl to Declaration Flan oe Westwood Village Condomillhu:Jl elated Janua17 26, 11187, and recorded January 28.1987. in Plan Book 62, Pa~ -41.llelii'g designated on .aid Declaration Plon \lCW",twovd Vinage CondominiulIllIS U.IIit No. ,J..59.T2n. (,!rron!Mllllv ~t forthnn t1Ht Tenth Amendment as Unit ~Q. Ll>5.T2B\, Build;".. 2 (lllao rerC!!rrerl tit on t.h.. Tenth AhI"..dment ..& BIlilili".. H). block No. .. k."""n u 841 Cbllrl"~t& Wa:~. &nllla Rut Ptmn..b..m 'tPwMhW. Cnmb..r"'nd c.,untv J>..nrlllYIYRllla, ... mon Callrdescribed in tueh' Declautlon Plan and Oeclnratiolt enatin, and E.lablilhinc: Westwood Y'illAp Condominium. as tho enrAe "Ppc.n DtreCOt'd as eel forth above. Includll1\f 1Ir17 .me....Im.nt8 tbouto, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3465 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY, Plaintiff (s) From BARBARA J, VIA (1) You are directed to levy upon the property of the defendant (o)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined IT rn paying any debt to or for the account of the defendant (s) and ITomdelivering any property ofthe defen nt (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that he/she has been added a a garnishee and is enjoined as above stated. Amount Due $71,808.55 Interest FROM 1/1/03 TO 9/12/03 AT 7.375% L.L. Atty's Conun % Due Prothy $1.00 Other Costs Ally Paid $132.85 Plaintiff Paid Date: SEPTEMBER 16, 2004 CURTIS R. LONG Prothono (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR, ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPIDA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale #01 On November 19, 2004 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 841 Charlotte Way, Enola, more fully described on Exhibit "A" Date: November 19,2004 By:JNI" ,L_: 1-/\ Real &'t1li)e;~ s CVil evil c::::::z (;:e) GV\J filed with this writ and by this reference incorporated herein. I C' ~j 'I 1 f\ ".) ;., .:JC 1,1 dJC' Ii ,) . l.,V THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16,1929 Connnonwealth of Pennsylvania, County of Dauphin} ss James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager of The Patriot News Co" a corporation organized an existing under the laws of the Connnonwealth ofPeunsylvania, with its principal office and place of business at 812 0818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of e Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 81 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously publi ed ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and p in their regular daily and/or Sunday! Metro editions which appeared on the 18th and 25th day(s) of January 1st day(s) of February 2005, That neither he nor said Company is interested in the subject matter of said pr' notice or advertising, and that all of the allegations of this statement as to the time, place and character ofp are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to ve 'fy this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously p ssed and adopted severally by the stockholders and board of directors of the said Company and subsequently dul recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book 'M", Volume 14, Page 317, PUBLICATION " \ """"""""""""""""""T"""""""'""""""""""""""""""""" COPY SALE#! , CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO, For publishing the notice or publication attached hereto on the above stated dates 642.34 Publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the sa have been duly paid, By"""""""""""""""""""""""""""", """"" ~"' ~ ,.... ODd reconled December 14. 1982. in Mise, Book 282.l'I8e 323. ODd a cerlain Ninth Amendmenl to Declaration Creating ODd &tlblislring Westwood Village Condominium dared N<l_ 28, 1986. ODd I'OCOldcd May 12, 1987. in Mise Book 333. Page 71fl. and a cerlain Tenth Amen<l-matt to Declararion Cleating and EstabJillting Westwood Village Condominium dared Ja'intary 27, 1987, ODd lIlOOIdnd January 28. 1987. in Mise, Book DESCRjP110N I 329. page 561, and a C.ode nf R<gn/alions nf Westwood Villa&< Condominium dared January AlL TIIAT CtJ!Jl\IN omit in dleprop:lly 29, 1'175, and _ onlanllalJ' 29, 1975 in known. namnd ODd idenIificd in die - Mise,Bool< 213, page 328. and amnnded by a !'Ian, rnfnnnd to below " WesIWnnd Village' <ell3in!lm _ to Code nf Rtgnla-ti... Condominium 1ooa1l:d in Eaat Pennsboro nf Westwood Village CoOOo-minium dared May Townsbip, Cumber-land Counly. Commonweallh 28. 1976, andlllOOldnd on tune 22. 1976. in Mise, nf ~ - baa - "- Book 272. l'I8e m, and Dec_ Plan of submitted to die pro-visiona of die Unit I'ropeity WesIWnnd Villa&< Coodomininm dared Janu-ary Act of Pennsylvania, Act of My 3, 1963. P.L 29. 1975. ODd recordtd 0II1anua1y 29. 1975, in J%, by dle1lll>iRlilrgin/beollkeoflbe_ P1anBook26.l'I8e 15. and amended by a cerlain of Deeds of Cumberland CounIy, of a Decla- !1m -... to IJecl>.taIl", Plan of taIlon Creating am Establishing W_ WesIWnnd Villa&< Coodgminium dared Jnly 21. Village Condomininm dated January 29, 1975. 1976 and reconled on Jnly 26. 1976, in Plan ODd - '" January 29, 1'/75. in Mise, Book Book 28. \"81" 72. ODd amnoded by a cerlain ~3. page 283. and """"'" by a """" Pint Sa:ond _ to DeclatallOll Plan 01 'ILDd-incnI to - Creating, ODd I WeslWood Village Condominium dared JIJDI) 16, Establishing Westwood ViI1age CmHlominium 1978, am _ on June 23, 1978, in Plan dared May 28. 1976. ODd recorded on lone 22.1 Book 33, Page 28. am amended by a cerlain 1976, in Mise Boo, k 222. page 729, and a ceIIan1 Thin! Amendmenl to Declarari", Plan of Sa:ond ~ to DecIa-aIillII ~and Westwood Vlliagl: Condo-minium dared January "">hI;..... -.00 Village 0w\nn1....... I 9. 1979, and lIlOOIdnd JanllalJ' 23. 1979, in Plan daIed In1y 21, 1976, and n:qJded '" In1y 26, I Book 34, Page lOll. and _ by a cerlain 1976, in Mise, Book 223, Page "343. and · """" , Fourth _ to Declaration Plan of Thin! - " DeclmIioo Creating and Westwood ViI1age Cond<nninium daIed Mm<b 1. Establishing W_. ViI1age r"""""'n;nm 1979.andreconledMm.l2, 1979. in Plan Book daInd JIJDI) 9. 1978, and I'OCOldcd 011 Jone 23. 35, Page 3. and ameoded by a cettain Fifth 1978, in Mise, Book 236. l'I8e 225. and a....... _ " Declalalion Plan 01 W_ Fourth - " DecIaIlIIion Creating and Village Condo-minium daIed Novemb<l: 8. 1979. Ealab-lishing W_ Villi&e CoIJdo.mininm and _ Novemb<l: 27, 1979, in Plan Book dared JIJDI) 13. 1978. and - 00 lone 23. 37. Page 7. am ameoded by a cerlain SWh 1978, in Miac, Book 236, l'I8e 250, and ceIIan1 _ '" DeclmIioo Plan of Westwood Fifth - II> 1lecl.H3li00 Creating and Village Coodomininm daIed tanuary 26. 1987, :::&'11_ ~,' r~... i andI'OCOldcdJanuary28,I987.inPlanBook52, ~ t. 19ft..............., l'I8e 41. being desig-oared on said Declararion 23._ it~__....... PIanoIW_ Village Condominium as UDiI - - ..'. II> 1lIa:Io", No, L59.TlB (enooeoua1y set forth 00 die Tenth CIooIIII ... - '11', - ........ ViIIlIF _ as UDiI No. U5.TlB), Building 2 CondominiumdaledMm<b 1, 19790Dd_ (also ..- " on die Tenth _ as - 12, 1979, in Mise Book 241, Page il6., Building 14~ Block No.4. known as 841 .... Ra1Iin Soventh ~ II> ~ Cltarlotle Way, EooIa, Easl~ T_ship, ~ and Establishing WeSi-wond V" Cumberland CounIy. Pennsyl-vania, as.... fn1Iy f........;,~ dared Novemb<l: 8. 1979,'" d..eribed in ""h Declarari", Plan and IJecl>. _Novemb<l:27.1979.inMise.Book:z.t9, _ Creating and &tlblislring W_ l'I8e 323. "'" a Ra1Iin EigbIb - .. ViJII&e Condominium, as iDe same _ of Declantion Creating and EstabIisIting --- _ as set lorth above, including any .....,.\. Villa&<CoodomininmdalndSejllemberI4,1912, __, REAL ESTATE SAU! No_ 01 Wrtl No. 2003--3115 CIvIITerm NaIIonal CIty Mortgage Co_ v. Barb8ta J. VJa Atty:........h ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, ofthe County nd State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland aw Journal, a legal periodical published in the Borough of Carlisle in the County and State afor said, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regul ly issued weekly in the said County, and that the printed notice or publication attached hereto s exactly the same as was printed in the regular editions and issues of the said Cumberland L w Journal on the following dates, VIZ; January 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumber and Law Journal, a legal periodical of general circulation, and that he is not interested in the su jeet matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of pub lie at ion are true. 1-C! ~ SW TO AND SUBSCRIBED before me IS 28 day of January. 2005 ~~~)-l- JdUjrhA/ Notary REAL ESTATE SALE NO. 1 Writ No, 2003-3465 Civil National City Mortgage Company vs, Barbara J. Via Atty.: Joseph Goldbeck ALL THAT CERTAIN unit in the property known, named and identi- fied in the Declaration Plan, referred to below as Westwood Village Con- dominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania. which has heretofore been submit- ted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P,L, 196, by the recording in the office of the Re~ corder of Deeds of Cumberland County, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29. 1975. and recorded on January 29. 1975, in Mise, Book 213, page 283, and amended by a certain First Amendment to Declaration Creating and EstabItshing Westwood Village Condominium dated May 28, 1970, and recorded on June 22, 1970, in Misc. Book 222, page 729, and a cer- tain Second Agreement to Declara- tion Creating and Establishing West- wood Village Condominium dated July 21, 1976. and recorded on July 26, 1976. in Misc. Book 223. Page 349. and a certain Third Amend- ment to Declaration Creating and Establishing Westwood Village Con- dominium dated June 9, 1978. and recorded on June 23. 1978. in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and EstablishingWestwood Village Condominium dated June 13, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and certain Fifth Amendment, to Declaration Creating and Establish- ing Westwood Village Condominium dated January 9, 1979, and record- ed on January 23. 1979. in Misc. Book 240. Page 884. and a certain Sixth Amendment to Declaration Cre- ating and Establishing Westwood Village Condominium dated March 1, 1979 and recorded March 12, 1979, in Misc. Book 241, Page 836. and a certain Seventh Amendment to Declaration Creating and Estab- lishing Westwood Village Condomin- ium dated November 8, 1979. and recorded November 27. 1979, in Misc. Book 249. Page 323. and a certain Eighth Amendment to Dec- laration Creating and Establishing Westwood Village Condominium dated September 14. 1982. and recorded December 14. 1982. in Misc. Book 282. Page 323. and a certain Ninth Amendment to Decla- ration Creating and Establishing Westwood Village Condominium dated November 28. 1986. and re- corded May 12, 1987. in Misc. Book 333. Page 769. and a certain Tenth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 27. 1987, and recorded January 28, 1987, in Misc. Book 329, page 561, and a Code of Regulations of West- wood Village Condominium dated January 29. 1975. and recorded on January 29. 1975. in Misc. Book 213. page 328. and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976. and recorded on June 22, 1976, in Misc. Book 222. Page 737. and Declaration Plan of Westwood Vil- lage Condominium dated January 29. 1975. and recorded on Janu- ary 29. 1975. in Plan Book 26. Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976. in Plan Book 28. page 72. and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condo- rrtiIlium dated June 16, 1978. and recorded on June 23. 1978. in Plan Book 33, Page 28. and amended by a certain Third Amendment to Dec- laration Plan of Westwood Village Condominium dated January 9. 1979. and recorded January 23. 1979. in Plan Book 34. Page lOa. and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979. in Plan Book 35. Page 3. and amended by a certain Fifth Amendment to Declaration Plan of Westwood Village Condominium dated November 8, 1979, and re- corded November 27, 1979, in Plan BOok 37, Page 7. and amended by a certain Sixth Amendment to Dec- laration Plan of Westwood Village Condominium dated January 26, 1987, and recorded January 28, 1987. in Plan Book 52. Page 41, being designated on said Declara- tion Plan of Westwood Village Con- dominium as Unit No. L59.T2B, (er- roneously set forth on the Tenth Amendment as Unit No. L55.T2B), Building 2. (also referred to on the Tenth Amendment as Building 14), block No.4 known as 841 Char- lotte Way, Enola. East Pennsboro Township, Cumberland County, Pennsylvania, as more fully de- scribed in such Declaration Plan and Declaration Creating and Es- tablishing Westwood Village Condo- minium. as the same appears of record as set forth above, including any amendments thereto.